Opinion issued August 15, 2002
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00653-CR
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HORACE GEORGE DENTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Cause No. 847950
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on February 16, 2001. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, March 19, 2001, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1). On June 7, 2002, appellant mailed to the trial court clerk a pro se notice of appeal and a motion for leave to file the late notice of appeal.
A notice of appeal in a criminal case must be filed within 30 days after sentence is imposed or suspended in open court, or within 90 days if a timely motion for new trial is filed. Tex. R. App. P. 26.2(a). An extension of time may be granted by an appellate court if, within 15 days after the deadline for filing the notice of appeal, the party: (1) files in the trial court the notice of appeal, and (2) files in the appellate court a proper motion for extension of time. Tex. R. App. P. 26.3. Even if appellant's motion for leave to file the late notice of appeal had been filed in this Court, rather than in the trial court, we would be without jurisdiction to grant it because the motion was filed more than 15 days after the March 19, 2001 deadline. See Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). We have no jurisdiction to dispose of this appeal in any manner other than to dismiss it. Olivo, 918 S.W.2d at 523.
We therefore dismiss the appeal for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Schneider, and Justices Nuchia and Radack.
Do not publish. Tex. R. App. P. 47.